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UK Employment Law

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Until mid october I was contracting at a bank through an…

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until mid october I was...

until mid october I was contracting at a bank through an agency via my own limited company. The bank has now indicated that it would like to use my services again, but will not use the original agent. y contract included the clause below....Protection of Harvey Nash Goodwill and Proprietary InformationThe Contractor shall inform HN of any direct or indirect approach to it or the Consultant by the Client with a view tothe Contractor working for the Client at any time prior to the expiry of six months after the termination or expiration ofthis Agreement. The Contractor shall not (and shall procure that the Consultant shall not), without HN’s prior writtenconsent:(a) prior to the expiry of six months after the termination or expiration of this Agreement:(i) enter into (or approach with a view to entering into) a similar contract of employment or forservices directly or indirectly with the Client or Client Group Company; or(ii) induce (or seek to induce) to leave or cease performing service(s) for any HN Group Company,any contractor or employee of any HN Group Company with which or whom the Contractor orConsultant had material contact in the course of its/his/their duties at any time in the 12 monthsprior to such termination or expiration; or(iii) induce (or seek to induce) the Client to engage the services of any other person in competitionwith HN or provide candidates to the Client with a view to such candidates providing services tothe Client (other than via HN);(b) use a business name used by any HN Group Company, for the purposes of a business similar to (orcompeting with) any business carried out by an HN Group Company.The provision of Clause 7 shall apply in respect of activities of the Contractor and/or the Consultant alone or jointlywith another or others in any capacity and whether or not for its or their or his benefit.I have tried to negotiate buying out my obligation under this clause but the agent refuses.What are the likely consequences, and costs of ignoring this restrictive clause, and going back directly to the bank?

For Ben Jones I have worked for my employer for 10 years on 27th May this year and have recently been made redundant whilst on sick leave. I have a query regarding how the criteria used in the selecti… read more

Hi i had to go A and E on saturday due to abdominal pain. I rang my employer and asked to payback my hours rather than sick as it would trigger a warning as i took a sick in november 2017 but she refu… read more

My girlfriend has been asked to attend a meeting discussing whether or not she be terminated from work due to business circumstances. This meeting is on Friday and she has been told the only alternati… read more

For Ben Jones I have three questions which I hope you can help me with.My first question: I have recently been made redundant whilst on sick leave. I was given 4th May 2018 as my date of redundancy an… read more

Dear Sir, I am writing to ask you question about the Employment Law. My employer has been using some Law to make me redundant and it is very obvious to me that their action is unfair and prejudiced. I… read more

Hi. How are you? I'm Aura. Please could you help me? I started to work for this company in 04.07.16. So unfortunately I have less 2 years. 27.01.18 I used Whistle blowing procedure to alert about Mana… read more

Hi, I had a query in regards ***** ***** clawback by an employer. I am currently a self employed life insurance advisor for a company, if I am to leave can the company I work for legally require me to… read more

I have an employment contract for the last 24 years from our company in the UK. Since January 1, 2007 I have been assigned to our German office with a German boss, who has determined my salary, bonus … read more

I accidentally left my bag with my uniform and ID card with codes for departments on public transport. I have reported it lost and the ID card has been deactivated and the department in question has c… read more

I help manage a team of people in the United Kingdom. Can you help me understand how to distinguish between someone being a contractor versus an employee in that jurisdiction ? I'm familiar with the l… read more

UK - English Tax Law ..... Since my Philippino wife came to England in October 2008, she started working as a Nanny/Housekeeper for a family that now has 5 Son's, receiving £230:00 a week (4 years ago… read more

We have an employee who has worked for us for 3 months. We advertised on Indeed for a part time warehouse operative on flexible hours at living wage which was then £7.50 an hour. All of our other ware… read more

Hi i am looking forward to work as self employed and considering an option to be a sole trader or setup a LLP company. I would like to know which is more tax efficient and legal. I have been approache… read more

Average I have to pay my employees average commission over three years. I know that this is the amount divided by 36. However, if a new person starts and has one month commission how should this be ca… read more

I have been working for an Irish construction company for over 5 years on a commission only basis. I had another job (part-time) when I started but after 6 months gave that up to work full time for th… read more

I was born in July 1953 so am almost 58 I am starting to be unwell and as I work in a very stressful environment may shortly have to leave work and possibly look for work eslewhere at a later date but… read more

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).